New Hampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011



### The State of New

Hampshire Motor Vehicle Inspection and Maintenance State Implementation Plan Revision

Attachment III : Applicable NewHampshire Legislation

Prepared by: The New

Hampshire Department of Environmental Services

Concord, NH November 1, 2011

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# -'Environmental - Services

Attachment III : Applicable New Hampshire Legislation 1New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 

### Applicable New

Hampshire Legislation Table of Contents NH House Bill ("HB") 1513 -1998 SESSION . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. .3 NH House Bill («HB") 676 -1999 SESSION . . . . . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .8 NH House Bill ("HB") 4-2003 SESSION (Only Germane Sections Reproduced Herein) . . . . . . . . . .. . . .. . . . . . . . . . . . . 11 NH House Bill (, .HB") 1293 - 2004 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .13 NH House Bill ( HB") 513 - 2005 SESSION . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . .16 NH Senate Bill (..SB") 341-2006 SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . .20 NH House Bill ("HB") 2-2009 SESSION (Only Germane Sections Reproduced Herein) . . . . . . . . . . . . . . . .. . . .. . . . . . .22

Attachment III : Applicable New Hampshire Legislation 2New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services NH House Bill ("HB") 1513 -1998SESSION I An Act relative to vehicle emissions control equipment andtesting . HB 1513-FN-LOCAL - FINAL VERSION 18feb98 . . . . .0752h 25march98

. . . . . 1100h 5/21/98 1648s 1998 SESSION 98-2552 10/01 HOUSE BILL 1513-FN-LOCAL AN ACT relative to vehicle emissions control equipment and testing. May 12, 2011

SPONSORS: Rep

. J. Bradley, Carr 8

; Rep. Below, Graf 13; Rep. MacGillivray, Hills 21 ; Sen. Pignatelli, Dist 13; Sen. Russman, Dist 19 COMMITTEE: Science, Technology and Energy AMENDEDANALYSIS This bill : I. Establishes requirements for motor vehicle emissions inspections as part of the annual safety inspection. II . Repeals the existing motor vehicle emissions inspection and maintenance law . III . Establishes roadside opacity testing for diesel vehicles. IV . Requires the establishment of a pilot programon oxygen sensor testing. V . Requires the study of options for a pilot programon remote emissions sensing. VI . Combines the emissions trading advisory committee and the vehicle emissions advisory committee into the air pollution advisory committee .

---------------------------------------------------------------------------- Explanation : Matter added to current lawappears in bold italics. Matter removed fromcurrent law appears [f Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 18feb98 . . . . .0752h 25march98

. . . . . 1100h 5/21/98 1648s 98-2552 10/01 STATE OF NEW HAMPSHIRE In the Year of Our Lord One Thousand Nine Hundred and Ninety-Eight AN ACTrelative to vehicle emissions control equipment and testing. 1 http ://www

.gencourt .state.nh.us/l eRislation/1998/HB1513 .html Attachment III : Applicable New Hampshire LegislationNew Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011

Be it Enacted by the Senate and Houseof Representatives in General Court convened: 1 New Section; Recovery of Public Utility Expenditures. Amend RSA 125-C by inserting after section 19 the following new

section: 125-C:19-a Recovery of Public Utility Expenditures. All costs and expenses directly incurred by electric generating facilities for pollution reductions that area component of, or are required in connection with, anyvehicle inspection and maintenance programadopted by the state of New Hampshire and approved by thefederal Environmental Protection Agency, or substitute for such program, shall be recoverable to thesame extent and subject to the same conditions as any environmental expenditure mandated by law, and shall be recoverable through the fuel and purchased power adjustment clause or any succeeding cost recovery mechanism . 2 Emissions TradingAdvisory Committee Renamed; Air Pollution Advisory Committee. Amend RSA 125-J :11 to read as follows: 125-J :11 Advisory Committee. I . There is established the [°^,~s°~^^° t'^^''^^] airpollution advisory committee composed of the following members: (a) [T4*ee] Four representatives, appointed by the speaker of the house, of whom[epe-is] at least 3are fromthe house science, technology, and energy committee[ ; cemmittee] . At least one of the [3] 4representatives shall be a member of a minority party. (b) [Three] Four senators, appointed by the senate president[ ; 

### (c) [

Eg}] The governor, or designee.

I-a. Thefollowing additional members, whose terms shall be coterminous with their terms of office, shall be nonvoting members of thecommittee andshall supply the committee with any information that it requests concerning matters subject to its purview : (a) Thecommissioner ofsafety, or designee. (b) The commissioner ofenvironmental services, or designee. II . [ , . ] The committee shall elect a chairperson and vice-chairperson, and [°~ ~~n ] meetings shall be at the call of the chair or [b] 4or more committee members. The terms of the members shall be coterminous with their terms of office.[ T"^`^F^,° ^``"^ III . The committee shall performan ongoing evaluation of the effectiveness of the [ ^ " s ~^due+~^^ ^'°'''`" iFading-prsgFaw] followingsubjects and report its findings and recommendations to the governor and council, the speaker of the house, the senate president, the senate clerk, the house clerk, the state library, the house environment and agriculture, thescience, technology and energy, and the commerce, small business, consumer affairs and economic development committees and thesenate environment and economic development committees by October 1 of each year[-] :

Attachment III : Applicable New Hampshire LegislationNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 (a) The effectiveness of vehicle emission related portions of the motorvehicle safety inspection. (b) The effectiveness of the emission reductions credits trading program . IV. The committee shall also reviewand make recommendations to the commissioner on any proposed rule to be adopted under this chapter. 3 Reference Changed. Amend RSA 125-J :12, II to read as follows: 11 . Any proposed special temporary rules to be adopted under paragraph I shall be submitted for reviewand recommendation to the [ °~°° tF^^~~^^] air pollution advisory committee and the air resources council at least 30 days prior to adoption. Any proposed rules to be adopted pursuant to RSA541-A shall be submitted to the [ °^° ° +Fa°'i^^] air pollution advisory committeefor reviewand recommendation at least 30 days prior to filing a notice of proposed rule with the director of legislative services under RSA 541-A:6. 4 Diesel Testing; Penalties to Highway Fund. Amend RSA 266 :25, VI to read as follows: VI . All fines and certification fees collected pursuant to this section, RSA 260 :42, RSA 260:52, RSA 260 :55, RSA 265:118, RSA 266:16, RSA 266:26, RSA 266 :59-c, and RSA266

:63through 72-a shall accrue to the highway fund. 5 New Sections; Equipment of Motor Vehicles; Emission Control Equipment and Diesel Emission Testing. Amend RSA 266 by adding after section 59-a the following new sections : 266:59-b Emission Control Equipment. L(a) Every motor vehicle driven on the ways of this state which is subject to inspection after December 31, 1998 under this chapter shall be equipped with all of the emission control equipment which was part ofthat motor vehicle as originally equipped, and be properly connected to prevent excessive emissions. Motorvehicle inspections conducted in accordance with this chapter shall visually check for the presence and proper connection of the following equipment on vehicles so equipped : (1) Catalytic converter. (2) Gas cap. (3) Properly fitting fuel inlet restrictor . (4) Positive crankcase ventilation (PCV) valve and properly configured hoses. (5) Properly connected air injection pump/pulse air systems. (b) Thecommissioner of the department of safety, in accordance with applicable federal laws and regulations, and in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt vehicles fromthose requirements of this section which would require replacement of parts for which replacements cannot be reasonably obtained. (c) The commissioner of the department of safety, subject to conditions approved in advance by thefederal Environmental Protection Agency, and after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology and energy committee and thesenate environment committee, and with the approval of the air pollution advisory committee, may modify the vehicle emission control inspection programin any of the following manners, provided that the total effect of all such changes is determined to produce a net environmental improvement : (1) Substituting one or more of the following items for one or more of the items in subparagraphs I(a)(3), (4), or (5) . (A) Exhaust gas recirculation system . (B) Evaporative purge-canister . (2) Exempting additional model years in addition to those exempted by paragraph IV.

Attachment III : Applicable New Hampshire Legislation 5New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 II . If thecommissioner determines oxygen sensor testing to be effective and appropriate, the commissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee not earlier than January 1, 2000, shall adopt rules under RSA541-A, which require every motor vehicle driven on theways of this state which is subject to state safety inspection, after a date specified by the commissioner, but not earlier than March 31, 2000, to be tested for failures of the oxygen sensor, on vehicles originally so equipped, using an appropriate combination of an on-board diagnostic (OBD) I malfunction indicator light illumination check, a visual and voltage meter functional check, and/or vehicle characteristics. III . For motorvehicles equipped with on-board diagnostic sensors meeting the federal Environmental Protection Agency (EPA) OBD 11 standards, after the EPA has implemented OBDII emission test requirements, the commissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules under RSA 541-A, which require every motorvehicle driven on the ways of this state which is subject to state safety inspection, after a date specified by the commissioner, to be tested for OBDII indications of failures. To theextent allowed by EPA OBD II policy, OBD II data may be substituted forvisual and functional tests required by paragraphs I and II . IV . This section shall not apply to vehicles manufactured prior to the 1975 model year . 266:59-c Diesel Emission Testing. I. The commissioner shall adopt rules under RSA 541-A to implement a roadside diesel opacity testing program for vehicles registered either in New Hampshire or outside New Hampshire utilizing the SAE (Society of Automotive Engineers) J1667 ("Snap Acceleration") test procedure. The commissioner may providefor recognition of results of recent similar tests performed by other states on the same motor vehicle. 11. The department may impose an administrative fine for any violation of this section or rule adopted under the provisions of this section. The maximum amount of the fine which may be assessed for each violation shall be $500. The commissioner shall have the authority to waive or reduce the amount of any fine assessed pursuant to this section. III . Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary to implement and enforce this section, the governor and council, with the prior approval of thefiscal committee of thegeneral court, upon request fromthecommissioner, may authorize the transfer of funds from the highway surplus account to the department of safety for such purpose. 6 Oxygen Sensor Test Pilot Program ; Report Required; Intent . I. The commissioner of the department of safety, in consultation with the commissioner of the department of environmental services, shall conduct a voluntary pilot programto examine failures of the oxygen sensor, on vehicles originally so equipped, using a combination of an OBD I malfunction indicator light illumination check, a visual and voltage meter functional check, and/or vehicle characteristics. The pilot program shall include testing only, and shall not require repair of any vehicle. The commissioner of the department of safety, in consultation with thecommissioner of the department of environmental services, shall study the costs and the effectiveness of this pilot programand shall report any findings and recommendations to the air pollution advisory committee upon completion of the pilot program . II . It is the intent of the legislature that the commissioner of the department of safety use the authority of RSA 266:59-b, II to implement oxygen sensor testing as part of the motor vehicle safety inspection unless the pilot programshows that this testingwill not be appropriate and effective . 7 Mobile Source Remote Sensing Pilot Program ; Report Required. 1 . The commissioner of the department of environmental services, in consultation with thecommissioner of the department of safety, shall study the effectiveness of options for a remote sensing pilot program for sensing

Attachment III : Applicable New Hampshire LegislationNew Hampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 emissions of nitrogen oxides (NOx) fromsome or all mobile sources of air pollution, and shall report findings and recommendations of the study to the air pollution advisory committee by November 1, 1998. II . Thecommissioner of thedepartment of safety, in consultation with thecommissioner of thedepartment of environmental services, shall study and propose for legislative consideration implementation of a remote sensing pilot program

for sensing emissions of nitrogen oxides (NOx) fromsome or all mobile sources of air pollution, and shall report findings and recommendations to the air pollution advisory committee by November 1, 1998. 8 Exemption for Rulemaking. The rulemaking required by the commissioner of safety under RSA 266:59-b, I and RSA 266:59-c as provided in section 5 of this act, shall be exempt fromthe provisions of RSA 541-A to the degree necessary to implement the provisions of RSA 266 .:59-b, I and RSA 266:59-c, for any rules adopted by the commissioner prior toJanuary 1, 1999. RSA541-A shall apply to any rules adopted after December 31, 1998 under the authority established in RSA 266:59-b, I and RSA 266:59-c as provided in section 5 of this act. 9 Repeal . The following are repealed : I. RSA 261 :72-a, relative to emissions certificates. II . RSA 261 :72-b, relative to 10-day emissions registration. III . RSA 268, relative to vehicle emissions testing. IV . RSA 541-A:21, I(p), relative to rulemaking exception for emissions testing. 10 Effective Date. This act shall take effect upon its passage. LBAO 98-2552 Amended 3/20/98 HB 1513 FISCAL NOTE AN ACT relative to vehicle emissions control equipment and testing. FISCAL IMPACT: The Departments of Environmental Services and Safety stated this bill, as amended by the House, will increase state expenditures by $96,780 in FY 1999and by $4,900 in FY 2000 . There will be no impact on state, county and local revenues or county and local expenditures. METHODOLOGY: The Department of Environmental Services has stated they will need one vehicle inspection and maintenance position at a total cost of $46,780 in FY 1999 and $9,356 in FY 2000 . The Department of Safety has estimated their costs of implementing a roadside diesel opacity testing programto be $50,000in FY 1999 for equipment, including meters and computers, that would be needed to performand evaluate the tests. The costs for both Departments will be funded with 80% federal Congestion Mitigation and Air Quality (CMAQ) funds and 20%highway funds. Other provisions of this legislation should increase both state revenues and expenditures, however, there is insufficient data to estimate the level . The Departments are unable to reasonably estimate the costs associated with the pilot programs and theassociated reporting requirements.

Attachment III : Applicable New Hampshire LegislationNewHampshire Motor Vehicle I/M SIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NH House Bill ("HB") 676-1999SESSION 2 An Act increasing fees for motorvehicle inspection stickers and establishing motorvehicle inspector positions and making an appropriation therefore. CHAPTER 302 HB 676-FN-A - FINAL VERSION 25may99

. . . . . 1211h 6/29/99 1829s 1july99 . . . . .1941-CofC 1999 SESSION 99-0194 05/01 HOUSE BILL 676-FN-A AN ACT increasing fees for motorvehicle inspection stickers and establishing motor vehicle inspector positions and making an appropriation therefor . SPONSORS: Rep. Packard, Rock 29; Rep. Bradley, Carr 8 ; Rep. J. Flanders, Rock 18 COMMITTEE: Transportation ANALYSIS This bill increases fees for motor vehicle inspections and creates new motor vehicle inspector positions. Under this bill, the motorvehicle inspector positions shall be funded fromthe highway fund .

---------------------------------------------------------------------------- Explanation : Matter added to current law appears in bold italics. Matter removed fromcurrent law appears [i Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 25may99

. . . . .1211h 6/29/99 1829s 1j u ly99. . . . .1941-CofC 99-0194 05/01 STATE OF NEW HAMPSHIRE In the Year ofOur Lord One Thousand Nine Hundred and Ninety-Nine AN ACTincreasing fees for motorvehicle inspection stickers and establishing motor vehicle inspector positions and making an appropriation therefor .

Be it Enacted by the Senate and House ofRepresentatives in General Court convened: 302:1 New

Section ; Motor Vehicle Inspectors. Amend RSA 266 by inserting after section 1 the following new section: 2 http://www

. gencourt .state.nh.us/legislation/1999/HB0676. html Attachment III : Applicable New Hampshire LegislationNew Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011 266:1-a Motor Vehicle Inspectors. I . The commissioner of safety shall establish a force of motorvehicle inspectors to assist the director in enforcing the motor vehicle inspection laws and rules. Amotor vehicle inspector appointed by the commissioner pursuant to this section shall be a peace officer, certified under RSA 188-F :26, and shall be dedicated to enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. Amotor vehicle inspector appointed under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266 :1, during the station's business hours, to fulfill his or her duties. II . The commissioner shall furnish suitable equipment to a motor vehicle inspector, as the commissioner deems necessary, to distinguish the officer as an individual acting in an official capacity. A motor vehicle inspector appointed by the commissioner pursuant to this section shall be directly responsible to the director and shall be a classified employee. 302:2 Inspection Sticker Fees. Amend RSA 266:2 to read as follows : 266:2 Fees. The fee for inspection stickers shall be [ $1- .2-5 ] $1 .50for each sticker furnished an approved inspection station. All unused stickers returned by the approved inspection station to the division shall be refundable at the rate of [$4-

.2-5 ] $1 .50each, except that unused stickers purchased fromthe division for a fee of [$- .6-5] $1 .50shall be refundable at the rate of [$-6-S] $1 .50each . 302:3 Appropriation. The sums of $311,290 for the fiscal year ending June 30, 2000and $195,266 for thefiscal year ending June 30, 2001, are hereby appropriated to the department of safety for the purpose of hiring 6 motor vehicle inspectors to enforce the motor vehicle inspection laws and rules, as provided in section 1 of this act. Said appropriations shall be a charge against the highway fund. 302:4 Effective Date. This act shall take effect July 1, 1999. (Approved: July 16, 1999) (Effective Date: July 1, 1999) LBAO 99-0194 Amended 6/7/99 HB 676 FISCAL NOTE AN ACT increasing fees for motor vehicle inspection stickers and establishing motorvehicle inspector positions and making an appropriation therefor, FISCAL IMPACT: The Department of Safety indicates this bill, as amended by the House, will increase state highway fund revenue by $320,000 in FY 2000 and each year thereafter . State highway fund expenditures will increase by $469,737 in FY 2000 and by $316,332 in FY 2001 and each year thereafter . Local revenue will increase by $38,400 in FY 2001 and each year thereafter . There will be no fiscal impact on county revenue or county and local expenditures. This bill appropriates $311,290 in FY 2000 and $195,266 in FY 2001 fromthe highway fund to the Department of Safety for the purposes of this act. METHODOLOGY: The Department has estimated based on FY 1998 revenue fromthe sale of inspection stickers, that a $.25 increase should generate an additional $320,000 peryear beginning in FY 2000. The Department further estimates the salary and benefit and associated costs for 6classified, Group I Law Enforcement Motor Vehicle inspectors at Labor Grade 16, minimumsalary authorized in this bill to be $469,737 in FY 2000 and $316,332 in FY 2001 . Associated costs include uniforms, motor vehicles and in-state travel . One time costs in FY 2000 include $126,000 for 6 motor vehicles. The Department did not provide estimates after FY 2001 . Local revenue will increase pursuant to RSA Attachment III : Applicable New Hampshire Legislation 9NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 235:23, which requires 12% of motorvehicle fees collected, returned to municipalities as part of the local highway aid program

.

Attachment III : Applicable New Hampshire Legislation 10New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NH House Bill ("HB") 4- 2003SESSION 3 Sections that are not germaneto NH's I/Mprogramand this SIP revision have been deleted and replaced with symbols*********************************** . An Act relative to state fees, funds, revenues, andexpenditures.

CHAPTER 319 HB 4-FN-A - FINALVERSION 2003 SESSION 03-1219 05/10 HOUSE BILL 4-FN-A AN ACT relative to state fees, funds, revenues, and expenditures. SPONSORS : Rep. Chandler, Carr 4 ; Rep. Whalley, Belk 31 ; Rep. Kurk, Hills 48; Rep. Weyler, Rock 79 ; Rep. R . Wheeler, Hills 48; Sen. Eaton, Dist . 10 ; Sen. Clegg, Dist 14

; Sen. Green, Dist 6

; Sen. D'Allesandro, Dist 20 COMMITTEE : ANALYSIS This bill : ********************************************************* XXXI . Increases the motor vehicle inspection sticker fee.

---------------------------------------------------------------------------- Explanation: Matter added to current law appears in bold italics. Matter removed fromcurrent law appears [i Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 03-1219 05/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Three AN ACT relative to state fees, funds, revenues, and expenditures.

Be it Enacted by the Senate and House of Representatives in General Court convened: 319:45 Motor Vehicle Inspection Sticker Fees Increased. Amend RSA 266 :2 to read as follows : 3 http://www

.gencourt .state.nh.us/legislation/2003/HB0004.html Attachment III : Applicable New Hampshire Legislation 11New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 266 :2 Fees. The fee for inspection stickers shall be [$I--59 ] $2 .50for each sticker furnished an approved inspection station. All unused stickers returned by the approved inspection station to the division shall be refundable at the rate of [ ~-s9

] $2 .50each, except that unused stickers purchased fromthe division for a fee of [$I-59 ] $2 .50shall be refundable at the rate of [$4-59 ] $2.50each . ********************************************************* (Approved: September 4, 2003) (Effective Date: I . Sections 12, 24, 34, 134, 135, 170, and 173 of this act shall take effect June 30, 2003. II . Sections 30, 98-132, 133, 138-143, and 146-150 of this act shall take effect September 4, 2003. III . Sections 79-97, and 171 of this act shall take effect January 1, 2004. IV. Section 152 of this act shall take effect June 30, 2005. V . The remainder of this act shall take effect July 1, 2003.)

Attachment III : Applicable New Hampshire Legislation 12NewHampshire Motor Vehicle I/MSIP Revision

New Hampshire Departments of Safety and Environmental Services May 12, 2011 NH House Bill ("HB") 1293 - 2004SESSION 4 An Act relative to emission control equipmentfor certain vehicles and relative to unfair motor vehicle insurance trade practices. CHAPTER 245 HB 1293 - FINAL VERSION 11Mar2004

. . . 0452h 04/08/04 1106s 25May2004

. . . 1631CofC 25May2004. . . 1691eba 2004 SESSION 03-2227 03/10 HOUSE BILL 1293 AN ACT relative to emission control equipment for certain vehicles and relative to unfair motor vehicle insurance trade practices. SPONSORS: Rep. Artz, Hills 64; Rep. Bicknell, Rock 73 ; Rep. Newton, Straf 67; Rep. Gibson, Hills 58; Rep. L. Christiansen, Hills 66 COMMITTEE: Science, Technology and Energy AMENDEDANALYSIS This bill modifies the exemptions fromthe emission control equipment requirements for motor vehicles. This bill also limits certain insurance practices relating to automobile rentals. ---------------------------------------------------------------------------- Explanation : Matter added to current law appears in bold italics. Matter removed fromcurrent law appears [i Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 11Mar2004. . . 0452h 04/08/04 1106s 25May2004

. . . 1631CofC 25May2004

. . . 1691eba 03-2227 03/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Four AN ACT relative to emission control equipment for certain vehicles and relative to unfair motor vehicle insurance trade practices. 4 http://www

.gencourt .state.nh.us/leeislation/2004 /HB1293.html Attachment III : Applicable New Hampshire Legislation 13New Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011

Be it Enacted by theSenate and House of Representatives in General Court convened: 245:1 Emission Control Equipment . Amend RSA 266:59-b, I to read as follows: L(a) Every motor vehicle driven on the ways of this state which is subject to inspection [ ^f*^~ ^°^^m"^' 3', '°°° ] under this chapter shall be equipped with all of the emission control equipment which was part of that motor vehicle as originally equipped, and such equipment shall be properly connected to prevent excessive emissions. Motor vehicle inspections conducted in accordance with this chapter shall [visually] include a visual check for the presence and proper connection of the following equipment on vehicles so equipped : (1) Catalytic converter. (2) Gas cap. (3) [ ] Evaporative purgecanister. (4) Positive crankcase ventilation (PCV) valve and properly configured hoses. (5) Properly connected air injection pump/pulse air systems. (b) The commissioner of the department of safety, in accordance with applicable federal laws and regulations, and in consultation with the commissioner of environmental services, may adopt rules under RSA 541-A to exempt vehicles fromthose requirements of this section which would require replacement of parts for which replacements cannot be reasonably obtained . (c) The commissioner of the department of safety, subject to conditions approved in advance by the federal Environmental Protection Agency (EPA), and after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, may modify the vehicle emission control inspection program [ on any ef -the

] by substituting the exhaust gas recirculation systemfor one or more of the items in subparagraphs I(a)(4) and 1(a)(5), provided that the total effect of [alf] such [changes] change is determined to produce a net environmental improvement[-

245:2 Emission Control Equipment. Amend RSA 266:59-b, III to read as follows: III . For all model year 1996 and newer gasoline-powered and model year 1997 and newer diesel-powered motor vehicles equipped with on-board diagnostic [ seR58F5] systems meeting the federal [ '' A^,^^+a' °'^+^'t'^n Ageney-(E°A7] EPA OBD II standards, [ ' ~ ' ,] the commissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules under RSA 541-A, which require every motor vehicle driven on the ways of this state which is subject to [°'~~ °~~~ ] inspection under this chapter, after a date specified by the commissioner, to be tested for OBD II indications of failures as a component of the inspection. To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and functional tests required by [ ] paragraph 1 . 245:3 Emission Control Equipment . Amend RSA 266:59-b, IV to read as follows: .] 20or more model years IV . This section shall not apply to vehicles [ old which shall be determined by subtracting the model year of the vehicle fromthe calendar year in which the inspection occurs.

Attachment III : Applicable New Hampshire Legislation . 14NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 V . !f a vehiclefails the EPA OBD11 test and it passes all other inspection requirements under this chapter, then it shall be issued a temporary waiver that permits its operation for 60 days fromthe date of issuance, in order to make required repairs. Avehicle shall be eligiblefor only onesuch waiver during its inspection cycle. 245:4 Repeal . RSA 266:59-b, II, relative to oxygen sensor testing, is repealed . 245:5 New

Paragraph; Unfair Insurance Trade Practices; Coercion in Requiring Certain Automobile Rental . Amend RSA 417:4 by inserting after paragraph XXI the following new paragraph: XXII . Coercion In Requiring Certain Automobile Rental . (a) No insurance company, agent, or adjuster shall engage in any act or practice of intimidation, coercion, .or threat, for or against any insured person or entity, to use a particular company or location to provide rental automobile services or products. (b) Nothing shall prohibit any insurance company, agent, or adjuster from providing to such insured person or entity the name of an automobile rental company with which arrangements may have been made with respect to automobile rental services. 245:6 Repeal . RSA 417:4, XXII, relative to automobile rental coercion, is repealed. 245:7 Effective Date. I . Sections 3 and 5 of this act shall take effect 60 days after its passage. II . Section 6 of this act shall take effect July 1, 2006. III . The remainder of this act shall take effect upon its passage. (Approved: June 15, 2004) (Effective Date: I . Sections 3 and 5 shall take effect August 14, 2004 II . Section 6shall take effect July 1, 2006 III . Remainder shall take effect June 15, 2004.)

Attachment III : Applicable NewHampshire Legislation 15New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 

### NH House Bill ("HB") 513 - 2005 SESSIONs An Act relative to on-board diagnostic systeminspections and relative to motorcycle inspections. CHAPTER 296 HB 513 - FINALVERSION 06Apr2005. . . 0925h 05/05/05 1285s 05/05/05 1332s 29Jun2005

. . . 1939cofc 29Jun2005

. . . 2135eba 2005 SESSION 05-0773 03/04 HOUSE BILL 513 AN ACT relative to on-board diagnostic systeminspections and relative to motorcycle inspections. SPONSORS : Rep. Ingbretson, Graf 5 COMMITTEE: Transportation AMENDED ANALYSIS This bill : I . Modifies theapplicability of the OBD II testing requirements. 11. Requires the department of safety to adopt rules establishing waivers. 111 . Requires notice of an OBDII failure by a motor vehicle seller . IV. Establishes an advisory committee to reviewcontracts and recommend legislation and rules relating to OBD11 testing. V . Exempts certain inspection stations fromany electronic data submission requirements . VI . Permits an inspection station to be designated as a "motorcycle only" inspection station.

---------------------------------------------------------------------------- Explanation: Matter added to current law appears in bold italics. Matter removed fromcurrent law appears [i Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 06Apr2005. . . 0925h 05/05/05 1285s 05/05/05 1332s 29Jun 2005. . . 1939cofc 5 http://wwwpencourt .state.nh.us/legislation/2005/HB0513.html Attachment III : Applicable New Hampshire Legislation 16NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 29Jun2005

. . . 2135eba 05-0773 03/04 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Five AN ACT relative to on-board diagnostic systeminspections and relative to motorcycle inspections.

Be it Enacted by theSenate and House ofRepresentatives in General Court convened: 296:1 New

Paragraph; Department of Safety; Duties of Commissioner; Complaints. Amend RSA 21-P:4 by inserting after paragraph XI the following new paragraph: XII . Establish an easily accessible mechanismfor citizens to file complaints with the department relating to onboard diagnostic system testing required by RSA 266 :59-b. The complaint mechanism shall include either a telephone number reserved exclusively for such complaints or an Internet site for such complaints that may be accessed through links prominently displayed on Internet sites operated by thedepartment or thestate. 296 :2 New Paragraph; Inspection Stations; Inspection Data . Amend RSA 266 :1 by inserting after paragraph VII the following new

paragraph: VII-a .(a) The director is authorized to require inspection stations to submit inspection data to the department electronically, provided that if electronic submission is required the following inspection stations shall be allowed to submit inspection data electronically or on a designated schedule and formprescribed by the department : (1) Inspection stations that are authorized to inspect only motorcycles. (2) Inspections stations that inspect less than 200vehicles in a consecutive 12-month period . (3) Fleet motor vehicle inspection stations for non-OBD II vehicles. (4) Municipal and county government inspection stations for non-OBDII vehicles. (b) The department shall not require an inspection station to transfer inspection information electronically for any vehicle of model year 1995 or older. 296 :3 Emission Control Equipment; OBD II Testing Required . Amend RSA 266:59-b, III-Vto read as follows: III . [ _

. ] Thecommissioner, after public hearing and consultation with the commissioner of the department of environmental services and the air pollution advisory committee, and notification of the house science, technology, and energy committee and the senate environment committee, and with the approval of the air pollution advisory committee, shall adopt rules under RSA 541-A, which require [ °v~ ^^^*^- v^"~^l° ] all model year 1996 and newer gasoline-powered and modelyear 1997 and newer diesel-powered motor vehicles equipped with on-board diagnostic systems meeting thefederal EPA 08DIl standards driven on the ways of this state which [+s] are subject to inspection under this chapter, after a date specified by the commissioner, to be tested for OBD II indications of failures as a component of the inspection. To the extent allowed by EPA OBD II policy, OBD II data may be substituted for visual and functional tests required by paragraph I . IV. This section shall not apply to vehicles 20 or more model years old which shall be determined by subtracting the model year of the vehicle fromthe calendar year in which the inspection occurs. V . If a vehicle fails the EPA OBD II test and it passes all other inspection requirements under this chapter, then it shall be issued a temporary waiver that permits its operation for 60 days fromthe date of issuance, in order to make required repairs. A vehicle shall be eligible for only one such waiver during its inspection cycle. The department shall adopt rules, pursuant to RSA 541-A, that have the effect ofestablishing the broadest possible waivers for consumers consistent with 40C .F.R . sections 51 .350 through 51 .373 . It is the intent ofthe legislature

Attachment III : Applicable New Hampshire Legislation 17NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 to provide appropriate waivers to persons for whomthe making of OBD ll repairs would constitute economic hardship. The committee established in paragraph Vll shall make recommendations for such waivers and the department shall considersuch recommendations during the rulemaking process required by this paragraph. Vl . If a vehiclefails the EPA OBD11 test and the ownerfails to make the required repairs, the owner may not sell the vehicle without informing the purchaser of the OBDll failure . if the ownerfails to informthe purchaser of the OBD11 failure, the purchaser shall be entitled to a refund of the purchase price and reasonable attorney's fees. Vll .(a) There is established an OBD Il testing advisory committee. The committee shall be composed of the following: (1) Three representatives, appointed by the speaker of the houseofrepresentatives. (2) Three senators, appointed by the president ofthe senate. (3) The director of the division of motor vehicles ofthe department ofsafety. (4) The attorney general, or designee. (5) The commissioner of environmental services, or designee. (6) One member nominated by the New Hampshire Automobile Dealers Association and appointed by the governor. (7) One member nominated by the New Hampshire Motor TransportAssociation andappointed by the governor. (b) Members' termsshall be coterminous with their terms in office, except that members appointed pursuant to subparagraphs (a)(6) and (a)(7) shall serveat thediscretion of the appointing authority . (c) The committeeshall : (1) Review

and make recommendations on any contracts between the state andany private entities relating to OBDIt testing

. (2) Reviewprogramoperations on any contracts between the state and any private entities relating to OBD ll testing . (3) Make recommendations for statutory and rules changes to the amounts and types ofrepair waivers granted in the OBDll testing program . (4) Report by May 1, 2006 its recommendation whether to extend the electronic reporting exemption for inspection stations performing less than 200inspections in aconsecutive 12-month period. (5) Submit an annual report to the governor, senate president, and speaker of the house of representatives on the operationofthe motorvehicle inspection and emissions testing program . 296:4 ODBII Testing

; Applicability. Notwithstanding RSA 266:59-b, any EPA OBD 11 testing required by department of safety rules prior to May 1, 2006 shall be advisory only. No inspection station shall deny an inspection sticker to any vehicle because of OBDII failure prior to May 1, 2006. 296:5 Emergency Rulemaking. The commissioner is authorized to adopt emergency rules under RSA 541-A to implement changes to the safety and OBD II inspection program needed because of this act . Notwithstanding RSA 541-A:18, 11, such emergency rules shall be effective for 180 days. After 180 days the commissioner shall adopt rules pursuant to RSA 541-A . 296 :6 Repeal . The following are repealed: I . RSA 266

:1, VII-a(a)(2), relative to stations that inspect less than 200vehicles. II . Section 5 of this act, relative to emergency rules. 296 :7 New Paragraph; "Motorcycle Only" Inspection Stations. Amend RSA 266:1 by inserting after paragraph V the following new

paragraph:

Attachment III : Applicable New Hampshire Legislation 18NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 V-a. An inspection station may, upon request, be designated a "motorcycle only" inspection station. A "motorcycle only" inspection station may inspect only motorcycles and shall not be required to conduct OBD II emission testing under RSA 266:59-b or to purchase or lease any equipment relating to the OBDII emission testing program . 296:8 Effective Date. I . Section 6of this act shall take effect January 1, 2007. II . The remainder of this act shall take effect upon its passage. (Approved: Enacted in accordance with Pt . II, Article 44, of N.H. Constitution, without signature of the governor, August 11, 2005) (Effective Date: I. Section 6shall take effect January 1, 2007. II . Remainder shall take effect August 11, 2005)

Attachment III : Applicable New Hampshire Legislation 19New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NH Senate Bill ("SB") 341- 2006 SESSION6 An Act relative to the applicability of OBD11 testing requirements. CHAPTER 222 SB 341- FINALVERSION 26Apr2006

. . . 1872h 2006 SESSION 06-2712 03/01 SENATE BILL 341 AN ACT relative to the applicability of OBD II testing requirements. SPONSORS : Sen. Morse, Dist 22; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19; Sen. Burling, Dist 5; Rep. Packard, Rock 3 COMMITTEE: Transportation and Interstate Cooperation AMENDEDANALYSIS This bill requires the commissioner of safety to implement an OBD II repair waiver programby February 1, 2007. This bill also modifies the applicability of the OBD II inspection failure requirement.

---------------------------------------------------------------------------- Explanation: Matter added to current law appears in bold italics. Matter removed fromcurrent law appears (+ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 26Apr2006

. . . 1872h 06-2712 03/01 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Six AN ACT relative to the applicability of OBDII testing requirements.

Be it Enacted by theSenate and House ofRepresentatives in General Court convened: 222:1 New

Paragraph; Department of Safety; Duties of Commissioner; Repair Waiver Program . Amend RSA 21-P:4 by inserting after paragraph XII thefollowing new paragraph: XIII . Establish a programto waive the repair requirements of the OBDII testing program . Waivers shall be granted based on indigency or other urgent financial need . The waiver program required by this paragraph shall be consistent with the recommendations of the OBD II testing advisory committee established in RSA 266:59-b, VII andshall be implemented no later than February 1, 2007 . 222:2 OBD II Testing

; Applicability

. Amend 2005, 296

:4 to read as follows:

6 http://www

sencourt .state.nh .us/leeislation/2006/SB0341 .html Attachment III : Applicable New Hampshire Legislation 20NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 296:4 OBD II Testing; Applicability. Notwithstanding RSA 266:59-b, any EPA OBD II testing required by department of safety rules prior to ["] December 1, 2006 shall be advisory only. No inspection station shall deny an inspection sticker to any modelyear 2002 or newer vehicle because of OBD II failure prior to ["] December 1, 2006. No inspection station shall deny an inspection sticker to any model year 1996 through 2001 vehicle because of 08DU

failure, except that a sticker may be denied to such vehicle afterJuly 1, 2007 ifthe department has implemented a repair waiver program . 222:3 Effective Date. This act shall take effect upon its passage. Approved : June 1, 2006 Effective:June 1, 2006

Attachment III : Applicable New Hampshire legislation 21New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 NH House Bill ("HB") 2 - 2009 SESSION' Sections that are not germane to NH's I/M programand this SIPrevision have been deleted and replaced with symbolsAn Act relative to state fees, funds, revenues and expenditures. CHAPTER 144 HB 2-FN-A-LOCAL- FINALVERSION 09Apr2009

. . . 1197h 09Apr2009

. . . 1235h 06/03/09 1996s 06/03/09 2058s 06/03/09 2066s 24Ju n2009. . . 2333cofc 24Jun2009

. . . 2347eba 2009 SESSION 09-1049 09/01 HOUSE BILL 2-FN-A-LOCAL AN ACTrelative to state fees, funds, revenues and expenditures. SPONSORS: Rep. M

. Smith, Straf 7 COMMITTEE: Finance AMENDEDANALYSIS This bill : 33. Establishes a motorvehicle air pollution abatement fund, increases the feefor motorvehicle inspection stickers, transfers a portion of the fee to the general fund, and requires that a portion of the increase be used by the department of environmental services to reduce air pollution in the state frommotor vehicles registered for on-road use.

---------------------------------------------------------------------------- Explanation : Matter added to current law appears in bold italics. Matter removed fromcurrent law appears [+ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 09Apr2009

. . . 1197h 09Apr2009

. . . 1235h ' http://www

. gencourt state nh.us/legislation/2009/HB0002.html Attachment III : Applicable NewHampshire Legislation 22New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 06/03/09 1996s 06/03/09 2058s 06/03/09 2066s 24Jun 2009. . . 2333cofc 24Jun2009

. . . 2347eba 09-1049 09/01 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Nine AN ACT relative to state fees, funds, revenues and expenditures.

Be it Enacted by the Senate and House ofRepresentatives in General Court convened: 144:47 New

Subparagraph; General Revenue Exemptions; Motor VehicleAir Pollution Abatement Fund. Amend RSA 6:12, l(b) by inserting after subparagraph (276) the following new subparagraph : (277) Funds deposited in the motor vehicle air pollution abatement fund established in RSA 125-S:3. 144:48 New

Chapter; Motor Vehicle Air PollutionAbatement Fund . Amend RSA by inserting after chapter 125-R the following new

chapter : CHAPTER 125-S

MOTORVEHICLE AIR POLLUTIONABATEMENT FUND 125-S:1 Purpose. The general court finds that emissions of air contaminants frommotor vehicles represent a potential serious health problemto the citizens of New Hampshire and a threat to the air quality of the state. The purpose of this chapter is to establish a fund to be used for costs incurred by the department of environmental services in the prevention and abatement of emissions of air contaminants frommotor vehicles registered for onroad use in the state of New Hampshire. 125-S:2 Definitions. In this chapter : I. "Department" means the department of environmental services. II . "Motor vehicle inspection fee" means the fee collected by the department of safety pursuant to RSA 266 :2. III . "Mobile source" means, for the purposes of this chapter, any motor vehicle registered for on-road use by the department of safety, division of motorvehicles . 125-S:3 Fund Established . There is established a motor vehicle air pollution abatement fund, which shall be administered by the department of environmental services. This fund shall be used for costs incurred by the department in the course of carrying out activities that are designed to reduce air pollution in the state fromthe mobile source sector . All fees and monetary grants, gifts, donations, or interest generated by these funds shall be deposited with the state treasurer in a special nonlapsing fund to be known as the motor vehicle air pollution abatement fund and shall be continually appropriated to the department for the administration of this chapter. 125-S:4 Fund Established; Collection. Fundingfor the motor vehicle air pollution abatement fund shall be fromthe portion of the motor vehicle inspection fee established by RSA 266:2.

Attachment III : Applicable New Hampshire Legislation 23NewHampshire Motor Vehicle I/MSIP Revision

New Hampshire Departments of Safety and Environmental Services May 12, 2011 144:49 Inspection Sticker Fees. Amend RSA 266:2 to read as follows: 266 :2 Fees. The feefor inspection stickers shall be [$245e ] $3.25for each sticker furnished an approved inspection station. The division shall transfer $ .25 of each fee collected under this section to the motor vehicle airpollution abatementfund established by RSA 125-S :3 and $ .25ofeach feecollected under this section to the generalfund. All unused stickers returned by the approved inspection station to the division shall be refundable at the rate of [$-2 :59 ] $3 .25each, except that unused stickers purchased fromthe division for a fee of $2.50shall be refundable at the rate of $2.50 each. Approved:June 30, 2009 Effective Date: 

### *********************************************************** VI . Sections 118, 144-149, 192, and 264 shall take effect August 28, 2009.

Attachment III : Applicable NewHampshire Legislation 24